how much an attorney charges for eb5 visa

by Dr. Valentin Boehm 10 min read

EB-5 attorney fees vary widely, from as little as $5,000 to as much as $25,000. These fees may be paid up front or in installments under an agreement with the attorney. The EB-5 attorney is responsible for representing the investor before USCIS and for preparing the I-526 and supporting documentation for filing with USCIS.

EB-5 Attorney Fees: Direct Investment
In essence, the immigration attorney in a direct EB-5 has to complete at least double the amount of work. The immigration attorney's fee for the I-526 petition can range from up to and more than $50,000. A direct EB-5 may require the legal advice of other attorneys.
May 14, 2020

Full Answer

How much are EB-5 attorney fees?

Jun 29, 2018 · When you are budgeting for an EB-5 immigration attorney, you should set aside no less than $15,000 (USD), though fees are typically in the $15,000 to $25,000 range. The amount of work put into an EB-5 application can often be quite large. If your case is more complex, your attorney might need to charge you for more hours to complete critical ...

How much does a lawyer cost?

EB-5 attorney fees vary widely, from as little as $5,000 to as much as $25,000. These fees may be paid up front or in installments under an agreement with the attorney. The EB-5 attorney is responsible for representing the investor before USCIS and for preparing the I-526 and supporting documentation for filing with USCIS.

How much do lawyers charge for probate?

Sep 18, 2018 · However, the EB-5 green card is even more of an investment. Understandably, if you are interesting in pursuing this visa, you may want to know all of the details about the process, including how much the green card will cost you. Here, we’ll go over the EB-5 cost and what you can expect from a financial perspective.

What is EB 5 visa?

How much does EB 5 visa cost? EB 5 visa cost – Minimum EB5 Investment amount of either US dollars $1 Million or $500,000 (in a TEA), Investor visa administration costs, I-526 petition filing fee around $3,675, I-485 application fees $1,140, I-829 fee $3,750 and typical Lawyer’s charges. EB-5 Visa is a path to a USA residency Green card and US Citizenship.

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How much does it cost for EB 5 visa?

The biggest and most important cost required to get an EB5 visa is your EB5 investment. The EB5 investment is the sum you are required to invest to qualify for an EB5 visa. The current minimum investment amount to qualify for an EB5 visa is $1,800,000.

How much does an immigration attorney cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

Do EB-5 investors get their money back?

Investors also need to understand that USCIS requires the EB-5 capital to be kept “at risk” during the conditional permanent residency, which means that investors can not get their EB-5 money back during this period if they want to keep their immigration benefits.

Do I need a lawyer for spouse visa?

While, as a matter of law, visa applicants are at liberty to file an Immigrant Visa (Spouse) application in person, representation is recommended for best prospects of success, and to ensure the process is as smooth and efficient as possible.Mar 29, 2021

How much does an immigration lawyer cost in Australia?

The cost of an immigration lawyer in Australia can range from $250 to $500 per hour, depending on their skill level and your case requirements. Each part of the immigration process can be priced according to application fees, the current price of visas and unforeseen problems, like an appeal.

Is EB-5 guaranteed?

The answer is no, because the EB-5 program requires that the investor make an “at risk” investment, in which the investor cannot receive any guarantees of repayment or any redemption rights, and there must be a risk of loss and a chance for gain.

Is EB-5 safe?

Direct EB5 investment is a secure, reliable, and often profitable way to relocate to the United States. Interested foreign nationals should act quickly to make their investments and file their I-526 petitions before the minimum investment amounts are raised once more.Oct 1, 2021

Can I get a loan for EB-5 visa?

USCIS has made it clear that proceeds of a loan are an acceptable form of capital for an EB-5 investment. In such a case, the EB-5 investor must be the principal borrower of the loan and personally liable for repayment, and the loan must be secured by personal assets of the investor.

How do EB 5 investors get their money back / repayment?

EB 5 investors should expect to get their money back if the borrower/developer successfully develops and executes on the development project that t...

Can an EB-5 investor take a loan to make an EB 5 investment be more affordable?

Yes, an EB 5 Investor can take a loan to make an EB 5 investment if certain USCIS requirements are met. See more EB-5 Information.

Does EB 5 Really Work?

Yes EB-5 can certainly work for you so long as you meet the two major requirements of EB 5, first the investment must be ‘at risk’ and second the i...

What is the average range for rate of return on investment should be expected?

On average, investments that tend to be more secure give 1% to 3% rate on return.

What proof will suffice as source of funds to invest and remit into an EB-5 project?

You will need required documents to prove the source of funds for EB5 investment amount to be legit. Source of funds, i.e., how the money to be inv...

Does an investor needs to open up a US Bank Account?

A US Bank Account is preferred to be opened so that funds can be sent into that account help by the investor. After that, monies are transferred in...

Why is the EB-5 important?

Because the EB-5 represents such a major investment and because so much money is at stake, it literally pays to be prepared and to do this right the first time. The immigration process is fraught with opportunities to make simple errors and mistakes that can cost both time and money.

What is an EB-5?

The EB-5 is a very prestigious green card that is a little bit different than other green cards that begin with “EB”. Even though that stands for “employment based”, the EB-5 is actually based on an investment made by the beneficiary. There are two major paths to this green card: the Basic Program and the Regional Center Pilot Program.

Do I need to file an I-485?

Once your petition has been approved , you will need to file an I-485 to adjust your status. Alternatively, you may need to go through consular processing. This will require the DS-260 online immigrant visa application. For these last two steps, there is a distinction.

What is an EB-5 regional center?

Rather than have you be responsible for the creation of a new enterprise and the jobs that need to come from that, you can choose to invest your money in a Regional Center, which is essentially a company that is dedicated to economic and job market growth. These entities tend to work mostly through the capital granted by EB-5 investors, creating projects through the EB-5 program.

How much does EB 5 visa cost?

EB 5 visa cost – Minimum Investment amount of either US $1.8 Million or $900,000 (in a TEA), Investor visa administration costs, I-526 petition filing fee $3,675, I-485 application fee $1,140, I-829 fee $3,750 and Lawyer’s charges. EB-5 Visa is a path to a USA residency Green card and US Citizenship.

Minimum Investment Capital (2021)

Either US $1.8 Million or $900,000 in a TEA is needed through a USA Regional Center project or in a new business directly.

I-526 petition filing Fee

I-526 application costs $3,675. This application is filed in order to be able to move forward and get a conditional green card from the USCIS – United States Citizenship and Immigration Services.

I-485 application processing fees

Filing of form I-485 is $1,140. This application is for Adjustment of Status to get a US Green Card.

I-829 application pricing

I-829 application is at $3,750. The I-829 petition includes evidence that the immigrant investor successfully met all the United States Citizenship and Immigration Services (USCIS)

Tax on money you invested, Relocation & Travel prices

Check with your tax attorney to determine the tax implications. You should also check into costs for relocation and travel.

One-on-One Meetings

EB5 BRICS is here to help guide you to citizenship through investment. As a consultant, we have helped many families successfully navigate the EB5 immigration landscape.

What is direct EB-5 investment?

What we are defining as a direct EB-5 Investment is a business investment created out of whole-cloth by the investor. This scenario is one where an investor has a business idea and intends to roll up his or her sleeves and implement it. The investor in this scenario is the sole person in the investment seeking a green card from the EB -5 program.

How much capital is needed for EB-5?

If an investment is not located in a TEA, the minimum EB-5 capital needed to invest is $1.8 million.

Is EB-5 pre-structured?

The off-the-shelf direct EB-5 and regional center EB-5 investments are pre-structured to varying degrees. Typically, the cost of pre-structuring the investment is passed along to an investor in the form of an administrative fee, which we will discuss further below.

What is regional center EB-5?

A regional center EB-5 investment is the most common type of EB-5 investment. Generally speaking, an investor will invest in a pre-prepared investment structure where a regional center or developer has established a new commercial enterprise ready to accept investors.

How much does an immigration attorney charge for an EB-5?

The immigration attorney’s fee for the I-526 petition can range from up to and more than $50,000. A direct EB-5 may require the legal advice of other attorneys.

Is a TEA a regional center?

In a regional center EB-5 and an off-the-shelf direct EB-5, the investment is most likely already located in a TEA . Typically, the individuals who structure those investments will prepare a TEA report designed to be submitted with an EB-5 investor’s I-526 petition to demonstrate to USCIS that the investment is located within a TEA. In a direct EB-5, the investor will be responsible for obtaining their own TEA report, which can cost approximately $500 - $1,000 in fees to an appropriate service provider.

Is an I-526 a direct EB-5?

Here, similar to a regional center EB-5 investment, and unlike a direct EB-5 investment, the immigration attorney should have to do little if any work ensuring that the structure is EB-5 compliant. The immigration attorney should still be reviewing the off-the-shelf direct EB-5 structure to ensure immigration compliance. The immigration attorney’s primary focus will typically be on ensuring the investor’s source of funds is compliant. Therefore, the immigration legal fee for the I-526 petition will typically be less than a direct EB-5 investment immigration legal fee.

How to get an EB5 visa?

To get an EB5 visa, there are 6 basic requirements: 1 You must invest in a new commercial enterprise 2 You must make an investment of $1,800,000 (or $900,000 if the investment is located in a targeted employment area) 3 Your investment must lead to the creation of 10 full-time jobs for US workers 4 The investment funds must be put at risk (meaning that the funds cannot just sit in the business bank account, they must actually be spent) 5 The investment funds must have been obtained lawfully 6 You must engage in the management of the business

What is the I-526 form?

The I-526 is the initial form you are required to file for your EB5 visa. Once the I-526 is approved, you can then apply for your immigrant visa or apply to adjust status if you are in the US. 3. Visa Processing/Adjustment of Status: The Form I-526 does not give you any status in the US.

How much does it cost to file an I-526?

To process your Form I-526, USCIS charges a fee. The current filing fee required for the Form I-526 is $3,675. You are only required to pay this fee once, for you and all dependents included in your EB5 visa case.

Will the minimum investment amount for EB5 increase?

The minimum investment amount to qualify for an EB5 visa is projected to increase in the near future . It is very likely that both the non-TEA minimum investment amount and the minimum investment amount for TEA investments will increase.

What documents are needed for an EB5 visa?

These documents include your birth certificate, foreign bank statements, and many others. All documents in any language other than English must be translated to English by a certified translator before they are submitted to USCIS. To do this, you will need to work with a certified document translation company. The fees they charge will vary depending on the company you choose and how fast you need the translations completed.

How long do you have to be a conditional resident?

Within 3 months of your conditional permanent resident status expiring, you are eligible to apply for a removal of conditions on your permanent resident status. To do this, you must file a Form I-829 with USCIS. The USCIS filing fee for the Form I-829 is $3,750.

Can I live in the US on an I-526?

The Form I-526, by itself, does not give you any right to live or work in the US. Once your Form I-526 is approved, you must then either apply for an immigrant visa or apply for an adjustment of status.

Nonimmigrant Work Visas

Attorney Fee: $2400 (does not include RFE responses, if applicable). Please note that the legal fee may be higher in certain complex cases. In any event, you’ll be provided a written quote before retaining our firm.

Addressing Potential Issues

In every possible instance, we do our best to anticipate any potential issues and address them in advance. For that reason, it’s imperative that you be completely honest and transparent regarding the details of your case during the initial consultation.

Immigration Consultations

SGM Law Group only offers free general consultations to certain individuals/businesses who are looking to retain a law firm for the following cases:

Why was the EB-5 created?

The Employment Based Fifth Preference Category, or EB-5, was created to attract foreign capital to the United States in order to create more job opportunities and benefit the U.S. economy.

What is conditional permanent resident status?

As an investor, that’s an inherent disadvantage but it typically goes without saying. Conditional permanent resident status. When you elect for the EB-5 category you simultaneously receive conditional permanent resident status. When you receive this status, you also relinquish any prior nonimmigrant status.

How much money do I need to invest to get an EB-5?

In order to qualify under the EB-5 category, foreign investors must: Invest $1 million in either a new or existing U.S. business or commercial enterprise that will create at least 10 full-time U.S. jobs, or. Invest $500,000 in a new or existing U.S. business or commercial enterprise that is in either a rural area or an area with a high unemployment ...

Can I file an I-485 with an I-526?

You can only file the I-485 form concurrently with the I-526 if your priority date is current. Your priority date is the day that the USCIS receives your petition. The Department of State releases a monthly visa bulletin detailing the most recent final action dates in each green card category.

How much capital investment is required for EB-5?

Both programs require the immigrant to make a capital investment of either $500,000 or $1,000,000.

Is it bad to get rejected for an EB-5?

Of course, there is always the possibility of receiving an unfavorable decision for your EB-5 petition, especially if you plan on petitioning on your own. Getting an EB-5 rejection or denial is never good, but you are not without options.

How long is a green card valid?

Once your green card has been granted, it will be valid for an initial period of two years. The second part of the process (at the end of the two year period) is for you to file Form I-829 petition to remove conditions. This must be done within 90 days of the expiration.

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Nonimmigrant Work Visas

  • H-1B Visa Attorney Fee: $2400 (does not include RFE responses, if applicable). Please note that the legal fee may be higher in certain complex cases. In any event, you’ll be provided a written quote before retaining VisaNation Law Group. USCIS Fee: $460 to $2460. Premium Processing fee: $1440 (as of December 2, 2019) H-4 Visa Attorney Fee: $500 USCIS Fee: $370 H-1B1 Visa f…
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Permanent Residence / Green Card – Employer Sponsored

  • Green Card by Employer-Sponsored Labor Certification with PERM Attorney Fee: $3350 (for PERM process), $2200 for I-140, $1500 for I-485/AP/EAD (*PERM Audit response fee = $1000, if applicable) USCIS Fee: $700. Premium Processing fee: $2500 (optional). EB-1C Green Card for Multinational Executives and Managers & L-1A Visa Holders Attorney Fee: $5000 (*does notincl…
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Permanent Residence / Green Card – Self Sponsored

  • Green Card by National Interest Waiver Attorney Fee: $5200 (Does not include RFE response or Adjustment of Status filing) USCIS Fee: $700 + $1225 Adjustment of Status Green Card by Extraordinary Ability (EB-1) Attorney Fee: $5200 (Does not include RFE response or Adjustment of Status filing) USCIS Fee: $700 + $1225 Adjustment of Status
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Other Visas/Green Card

  • B-1 Business Visa Attorney Fee: $1000 USCIS Fee: n/a Department of State Fee: $160 B-1 / B-2 Visa – Renewal / Extension or Change of Status Attorney Fee: $750 USCIS Fee:$370 + $85 for Biometrics. Fiance Visa K-1 Visa Petition – For the Fiance of a US Citizen: Attorney Fee: $2600 (1/2 due in two stages) USCIS Fee: $535 Family-Based Petition filed by a U.S. Citizen Attorney Fe…
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Addressing Potential Issues

  • In every possible instance, VisaNation Law Group does its best to anticipate any potential issues and address them in advance. For that reason, it’s imperative that you be completely honest and transparent regarding the details of your case during the initial consultation. Be advised that withholding information may affect not only the cost for your case but also the approach they ta…
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Immigration Consultations

  • VisaNation Law Group only offers free general consultations to certain individuals/businesses who are looking to retain a law firm for the following cases: 1. H1B Visas 2. Marriage-Based Visas/Green Cards 3. Family-Based Green Cards During your free case evaluation, VisaNation Law Group will provide you with a general overview of your immigration options. However, the firm ca…
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